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LEYSE v. BANK OF AMERICA NAT. ASS'N

No. 14-4073.

804 F.3d 316 (2015)

MARK LEYSE, Individually and on behalf of all others similarly situated, Appellant v. BANK OF AMERICA NATIONAL ASSOCIATION.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 14, 2015.

Attorney(s) appearing for the Case

Todd C. Bank , ARGUED, Kew Gardens, N.Y., Attorney for Appellant.

Joseph R. Palmore , ARGUED, Morrison & Foerster LLP, Washington, DC, Mark P. Ladner , David J. Fioccola , Adam J. Hunt , Morrison & Foerster LLP, New York, N.Y., Attorneys for Appellee Bank of America National Association.

Before: FUENTES, SLOVITER, and ROTH, Circuit Judges.

OPINION OF THE COURT

Mark Leyse brought an action under the Telephone Consumer Protection Act after receiving a prerecorded telemarketing call on the landline he shares with his roommate. Leyse was not the intended recipient of the call — his roommate was. For this reason, the District Court dismissed the...

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